Terms of Service
Welcome to hellobrella.com and the Brella mobile device applications. Please read these Terms of Service carefully before using the services offered by Brella Space Corp. or any of its subsidiaries or affiliates (collectively, “Brella”, “us”, “we”). These Terms of Service set forth the terms and conditions of our relationship and for your use of the hellobrella.com website (the “Site”); the Brella mobile applications (the “Apps”); the on-demand childcare, co-working, event, event space, and health and wellness services offered by Brella; and all other services, features, or content offered by Brella and related communications (collectively, the “Services”) to you.
IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN AN ARBITRATION PROVISION, WHICH WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST BRELLA TO BINDING AND FINAL ARBITRATION. IN ADDITION, UNDER THE ARBITRATION PROVISION, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BRELLA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SECTIONS REGARDING ARBITRATION.
The Site and Services
You understand that Brella Space Corp. provides the Site and App to facilitate the scheduling of on-demand childcare, co-working, and health and wellness services for Parents, which are provided at a Brella location operated by a wholly-owned subsidiary or affiliate of Brella Space Corp. (a “Brella Location”).
To use the Services, including but not limited to in order to book an appointment for childcare or co-working services or to attend a class or event at a Brella location (each, an “Appointment”), you must create an account on the Site or one of the Apps applicable to you (your “Account”).
You understand that you are responsible for the accuracy and completeness of the information provided through your Account.
You understand that even though Brella may use a third-party identity verification service provider to conduct background checks and verify the identities and credentials of Teachers, Brella is not responsible for and does not screen all users, including but not limited to Parents, Children and Safe Pick Ups.
Terms for Parents
If you are a Parent, the below terms apply to you:
You are responsible for completing and returning hard copies of all required documents, including without limitation the Parent Handbook, Admission Agreement, Physician’s Report, Immunization Record, Pre-Admission Health History, Consent for Medical Treatment, Personal Rights, Notification of Parent’s Rights, Food Services Waiver, Sunscreen Release Form, and Photo and Video Release Form (collectively, the “Parent Agreements”), prior to your Child’s first visit to a Brella Location.
Information and information relating to the Child. It is your responsibility to keep your Account information accurate and up to date at all times.
You are responsible for designating and authorizing at least one Safe Pick Up to pick up the Child at the end of an Appointment for childcare services and at least one person to contact in the event of an emergency or other unexpected occurrence, who must be 18 years of age or older (“Emergency Contact”).
Your purchase of any credits or plans for Appointments (a “Transaction”), cancelation of an Appointment, late arrival to an Appointment, your or a Safe Pick Up’s late arrival in picking up a Child from an Appointment, and any refunds are governed by Brella’s Payment Terms & Service Policies, which are incorporated herein by reference. You represent that you have reviewed Brella’s Payment Terms & Service Policies and understand that you and your use of the Services will be governed by them.
You understand that Brella does not collect, nor store payment and/or credit card information from you and that all payments are facilitated separately by Stripe, or any third-party payment or service facility used by Brella.
You understand that any and all credit card, debit card, bank, or other payment information supplied by you to pay for any Transaction is transmitted directly to Stripe or any third party payment or service facility used by Brella, which processes, stores, and otherwise uses such information in order to facilitate payments.
You agree that you will be subject to Stripe’s Services Agreement, located at https://stripe.com/legal, which is incorporated herein by reference.
You agree to ensure that all payment information supplied by you is accurate and correct and kept updated with Stripe or any third party payment or service facility used by Brella at all times and that you are fully authorized to use such credit card and payment information and Stripe account (or account with any third party payment or service facility used by Brella) for purposes of paying for any Transaction.
You agree that once you make payment for any Transaction, you will not seek to cancel, charge back, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue.
Terms for Teachers
If you are a Teacher, you understand that the relationship between Brella and you is subject at all times to this Agreement the employment or contractor agreement between you and Brella governing your employment or engagement with Brella, as applicable (a “Teacher Agreement”).
Terms for Corporate Clients
If you are a Corporate Client, the relationship between Brella and you is subject at all times to the Corporate Client Agreement between you and Brella governing Brella’s provision of the Services to your employees (a “Corporate Client Agreement”). In the event of a conflict between this Agreement and an applicable Corporate Client Agreement, the Corporate Client Agreement shall prevail.
Child Pick Up and Drop Off at Brella
If you are a Parent, Safe Pick Up or Emergency Contact:
You understand that you are responsible for the safe and timely drop off and pick up of the Child at the applicable Brella Location.
When dropping off the Child, you understand that you must sign in on the attendance sheet using your legal signature and noting the actual time of arrival.
You understand that the Child must be picked up at the applicable Brella Location at the end of the Appointment. If the Child is not picked up within five minutes after the Appointment has expired, the Parent will be charged a fee for each minute the Child remains at Brella. If you are late and Brella has not heard from you, Brella will first attempt to reach the Parent by phone. If Brella cannot get in contact with the Parent by phone, then Brella will attempt to contact the Safe Pick Up and Emergency Contact. You understand that if Brella has not heard from you within one hour after the expiration of the Appointment or 30 minutes after the Brella facilities have closed for the day, Brella is required by law to call the local police department.
You understand that Brella reserves the right to refuse the pick-up of the Child if Brella, in its sole discretion, believes that you are intoxicated or otherwise incapable of safely transporting the Child from the Brella Location. You acknowledge that you are responsible for reimbursing Brella for any cost incurred by Brella on behalf of securing safe transportation for the Child in the event of such occurrence.
Only a Parent or designated Safe Pick Up of a Child may pick up a Child. You understand that Brella will only release the Child to you once you have (a) authenticated your location and identity to Brella by using the App, and (b) signed the Child out on the sign out sheet by providing your legal signature and noting the time of your departure. If a Safe Pick Up does not have the Safe Pick Up App or a mobile device, the Safe Pick Up must provide Brella with a legal form of photo identification, such as a driver’s license or passport.
You understand that under the laws of the state of California, both Parents may have the right to pick up their Child, unless a court document restricts that right. The enrolling Parent, who chooses not to include the Child’s other parent as a Safe Pick Up or Emergency Contact, must file an official court document (e.g., current restraining order, sole custody decree, divorce decree stating sole custody). You understand that absent that document, Brella may release the child to either Parent, provided that the Parent documents his paternity or her maternity, as the case may be, of the Child.
Terms for Special Events
When Brella offers Services for special events outside of the normal operating hours of the applicable Brella Location, including but not limited to date nights, birthday parties, or other special events (collectively, “Special Events”), you understand that the Brella Location is operating as a license-exempt child care center under the California Code of Regulations, Title 22, Division 12.
Parents may purchase the Services in connection with a Special Event through the Site, App, or a third-party website. In some circumstances, a Parent may not need to create an Account to purchase the Services in connection with a Special Event. By purchasing the Services in connection with a Special Event, you agree to be bound by these Terms of Service.
Brella will not accept Appointments for the Brella Location during the hours of the Special Event.
We may require you to agree to additional terms in connection with the Special Event (“Special Event Terms”). You understand that the Special Event Terms may include certain terms (such as minimum age and booking windows) that differ from the terms set forth in this Agreement or the Parent Agreements. If there is a conflict between the terms of the Special Event Terms and this Agreement or the Parent Agreements, the Special Event Terms will apply with respect to that specific term.
If you are a Parent whose Child will be receiving childcare services at a Brella Location in connection with a Special Event, you understand that you are responsible for completing and returning the Immunization Record and Food Services Waiver prior to your Child’s visit to the Brella Location.
The Agreement between Brella and You
You are responsible for reviewing changes to this Agreement.
This Agreement, together with any Parent Agreements, Teacher Agreement, and any Corporate Client Agreement, as applicable, supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
This Agreement applies to all users of the Site and the Services, including Parents, Safe Pick Ups, Teachers and Corporate Clients.
Brella may make changes to this Agreement from time to time without specifically notifying you.
Brella will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services.
If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by Brella from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Brella may edit or modify anything on the Site or Apps without notice to you. Brella is committed to delivering a positive user experience and you understand that Brella reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Apps in its sole discretion, without notice and without undertaking any duty to do so.
You are responsible for accepting updated versions of the Site and Apps. If Brella provides updated versions of the Site and the Apps and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
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